Times Of Swaziland: MAGISTRATE DRANK BEER DURING PROCEEDINGS - ACCUSED

MAGISTRATE DRANK BEER DURING PROCEEDINGS - ACCUSED
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Kwanele Dlamini on 29/01/2025 10:59:00


MBABANE – In a highly unusual incident, a principal magistrate allegedly
poured himself a glass of beer, took a sip, lit a cigarette and smoked while
presiding over a court case.  The case involved a man against whom an order for
maintenance was sought at the Siteki Magistrates Court. Fanile Mabuza (57) of
Nsulutane, under Chief Ndlondlo, alleged that Principal Magistrate Donald Mavuso
consumed Stella Artois beer and smoked a cigarette during the court proceedings.
He further claimed that the principal magistrate ordered him to appear in court
on a Saturday, despite the fact that magistrates courts typically do not operate
on weekends, as per the  practice directive.
maintenance
Before these maintenance proceedings, Mabuza was arrested and charged with
depriving and dispossessing his wife, Simangele, of a herd of 29 cattle, to
which she was entitled under Eswatini Law and Custom. He was also charged for
evicting Simangele from their marital home. Both charges fell under the Sexual
Offences and Domestic Violence Act, 15/2018. In the third charge, he was accused
of violating the Children’s Protection and Welfare Act by failing to provide
basic necessities for his four children.
When he appeared at the magistrates court, he was granted bail of E1 000.
As a bail condition, Mabuza was ordered to return the herd of cattle to
Simangele’s matrimonial home immediately. The court also ordered Simangele to
return to her home, and the police were instructed to assist in executing this
order. This occurred on December 20, 2024. On December 27, 2024, Mabuza appeared
for a remand hearing, and his trial was scheduled to resume on February 28,
2025. However, on January 3, 2025, Mabuza was unexpectedly arrested again and
brought before the court. He stated that the court ordered him to pay E1 000 in
maintenance ‘without even hearing my side of the matter’, which he argued
violated the principles of natural justice, particularly the right to a fair
trial.
Mabuza claimed that the matter was heard in Magistrate Mavuso’s chambers.
He alleged that during this hearing, Magistrate Mavuso consumed beer and smoked
a cigarette. “While the matter was being deliberated upon by the court, the
learned magistrate poured Stella Artois beer into a glass and took a sip right
in front of me and my attorney. As if that were not enough, the learned
magistrate took out a pack of Stuyvesant Blue Switch cigarettes and smoked
inside the chambers while reprimanding me for not being supportive to my wife
and children,” Mabuza alleged.
review
He made these allegations in an urgent application filed at the High Court,
seeking to review and set aside the orders issued by the Siteki Magistrates
Court, specifically the order to return the herd of cattle to his wife’s
matrimonial home and the order for his wife to return home.In the review
application, Mabuza argued that Mavuso misdirected himself and/or failed to
properly apply his mind to the matter, resulting in gross irregularity. He
alleged that Mavuso considered irrelevant factors and/or ignored relevant ones.
Mabuza informed the High Court that Mavuso failed to consider the entire issue
presented before him and made a decision based on a fixed principle, leading to
an unwarranted outcome. Judge Magagula reserved judgment in the matter.